Do you want to pay the agency fee for buying a house?

In life, it is not uncommon for buying a "jump order". So, is the "jump order" illegal? Let's combine the case to see how the Civil Code stipulates.

Case: Mr. Zhang, a house intermediary, provides a housing intermediary service for Ms. Li, a house, with a house price of 2.45 million yuan. Later, Ms. Li found the homeowner and bought the house for 2.3 million yuan. After Mr. Zhang knew, he posted a "big character" in Ms. Li Community to open his "jump order" behavior. After communication, the two parties reached a mediation agreement, and Ms. Li paid Mr. Zhang's agency fee of 10,000 yuan.

Article 965 of the Civil Code In the service of the intermediary, the client uses the transaction opportunities or media services provided by the intermediary to bypass the intermediary directly to establish a contract, and shall pay the intermediary.

Prosecutor's analysis: The "jump order" behavior is also called "jump intermediary", which mainly exists in real estate transactions. The Civil Code rising the "jump order" behavior to the legal level is not only to protect the rights and interests of the intermediary, but also emphasize the strict compliance with the rules and the principle of honesty and trustworthiness. According to the Civil Code, the establishment of a "jump order" requires three conditions: First, the client accepts the service of the intermediary, which is the source of the right to get the reward for the intermediary. For example, the intermediary provides useful housing information, takes the buyer's house, and assist both parties to discuss prices. Second, the client by bypass the intermediary to directly establish a contract. Third, the establishment of a contract with the third party uses the transaction opportunities or services provided by the intermediary, which is the key to judging the "jump order". In practice, if the seller is listed on the same house through multiple intermediary companies, the buyer obtains the same housing information through a legitimate channel that other public can know, and the client has the right to choose a low quotation and good service company to promote the house sale contract contract for the house sale contract. Established, its behavior did not use the real estate information of the intermediary company that had been signed before, and it did not belong to the "jump order". For non -public housing, the client replaces the transaction of the intermediary and the direct transaction with the homeowner, all of which are "jump orders". In this case, Ms. Li accepted the house intermediary service provided by the intermediary Mr. Zhang, and used the service resources provided by Mr. Zhang to directly establish a contract with the homeowner.

Prosecutor Tip

"Jumping orders" not only violate general trading rules, but also an dishonest behavior. Those who "jump orders" will not only bear the corresponding liability for breach of contract, but also may suffer a big loss due to greed and cheapness, resulting in difficulty in defending rights when there is a problem.

In life, both the buyer or the seller should strictly follow the spirit of the contract and fulfill their obligations in accordance with the contract.

(Source: Procuratorial Daily Author: Zhang Yanping, People's Procuratorate of Zhejiang Province)

- END -